People v. Graziano

PRESIDING JUSTICE NASH

delivered the opinion of the court:

The defendant, Michael Graziano, appeals from a finding of probable cause by the circuit court of Du Page County at an implied-consent hearing. He contends that: (1) the trial court erred in finding probable cause; (2) he had a statutory right to consult with an attorney prior to deciding whether to take a breathalyzer examination; and (3) the officer’s failure to allow defendant to take the examination after his initial refusal constituted a denial of equal protection.

On February 2, 1985, Officer John Barnacle of the Willowbrook police…